Adjustment of Status, AOS, is a process that allows a petitioner to change his or her status to the permanent resident while inside the U.S.
When a petitioner is not eligible for Adjustment of Status, the permanent residence process takes place at a U.S. consulate through consular processing.
A new form was released last week, Form I-601A, for immediate relatives of U.S. citizens who have accrued unlawful presence and are not able to do Adjustment of Status. Read about the I-601A.
A Green Card is a document that serves as proof of your permanent resident status in the United States. A Green Card holder is legally authorized to live and work in the U.S. on a permanent basis.
Permanent Residence can be obtained through various methods, but the most common is through family-based petitions and employment-based petitions.
- Family-based Green Card petitions are filed with form I-130
- Employment-based Green Card petitions are filed with form I-140
Special Classes of immigrants and immigrants of Humanitarian Programs are also eligible for Green Cards.
Adjustment of Status and Green Card
If a visa is immediately available to the applicant, he or she is eligible for Adjustment of Status. When a Green Card application is filed (usually Form I-130 or Form I-140), an applicant will have to file Form I-485, Application to Register Permanent Residency or Adjust Status. This must be filed regardless of whether or not the Green Card petition has already been approved.
Once the application is accepted and everything appears to be in order, the applicant will receive a notice for fingerprinting and, if required, an interview at a USCIS office in the U.S. state of residence.
Applicants will receive a notice in the mail that will state the USCIS decision on the issuance of a Green Card.
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